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Sunday, November 17, 2013 10:40:22 AM
Here is my take:
HJJ
1. wanted double protection to rule for one side against another to make sure he has been said "fair and balanced" (no pun intended),
2. wanted to make sure and proclaim that no other party will be successful in the appeal process if dare to go ahead with it.
I believe his mind has already been set for VRNG - I highly doubt he will go against the Jury verdict (GOOG sinned) and for future RR for minimum 3.5%, and the GOOG's own top engineer's testimony under oath for W/A issue. It takes a miracle or decisive evidence to go against them. But I do not think such a thing exists.
And the reason VRNG decided to go with a third party to find the experts (unlike GOOG who just chose experts themselves) is that
VRNG is confident that "no experts" will find W/A colorably different. And HJJ will see the confidence and fairness VRNG has here too.
In addition, even though the saction against GOOG was denied, it is undoubtful that HJJ see that GOOG has tried to manipulate the court system and caused additional time and expense for all the parties involved. And that will definately impact the amount of RR against GOOG as well.
The strong uneasiness HJJ has recently shown to both parties that they had not settled by then is his determination that as he put it in similar language, he will rule it this time for good (the settlement procedure is just that, procedure).
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